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Fundamental Elements to Consider When Making Medical Decisions

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Short Essay As a matter of ethics and the given law, there are controversial aspects outlining the fundamental elements an individual is to consider when making medical decisions. Following the Canadian legal system, adults who understand the consequences of their medical choice have the ability to decline any medical treatments they would like even if it has the ability to save their lives. That is the idea of an individual being a self-proprietor. The Canadian common law acknowledged that an individual has the right to control their body. Tort battery, being when unwanted physical interference takes place without his or her permission has constantly protected bodily security . Physicians frequently encounter the question on whether…show more content…
A.C. then appeals in court arguing that her capacity was not assessed in order for them to make such a decision providing her with the blood transfusion . The case went on to the Supreme Court of Canada ruled against A.C because the blood transfusion did not violate her rights. But due to this case, the Supreme Court of Canada found that children may make life and death decisions about their medical treatment. Justice Rosalie Abella disagreed with the courts decision and stated that children under the age of sixteen will have the ability to display their mature medical judgment making capacity , which was stated, in the mature minor doctrine. Currently, in the common laws mature minor doctrine, a minor patient may possess the maturity to choose or reject a particular health care treatment without the knowledge or agreement of the parents. This common law policy averts the need for parental consent. Within Canada, the Ontario Health Care Consent Act also indicates the law’s approach to children’s decision-making capacity in relation to medical treatment. Section four of the Act indicates that children have the capacity to make a medical decision if they can understand the information and can appreciate the consequences therefore, it is not driven by age, but by the level of wisdom and understanding capacity . This legal element was taken into
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